Found gun - can finder keep it?

[hermosabeach]

[toby]

Not necessarily. There is no national registry and even in CA many guns from before the registry are not registered.

Not to mention that we don't know whether the SN has been filed off.

Depending on make and age of gun" SIG" in this case I think it's registered if it's a Cali gun, not many guns get the #'s filed anymore.

[EspoMan]

This.....it belongs to whoever legally owned it LAST! And it should be returned to them. Golden rule.

This^

I'd be more concerned that the original owners gets it back than me trying to come up on a free gun.

[SneezySky]

This^



I'd be more concerned that the original owners gets it back than me trying to come up on a free gun.

If you missed it the original post, the gun has already been turned in to the police. If no one claims and not registered to anyone, a free gun is a free gun. I wouldn't turn it down. If it is just filling some papers to claim it - why not.

If the rightful owner is identified then so be it.

Not saying doing something sketchy - everything already done on the up and up.

[CK_32]

Why would he even want it?

Probably broken, abused and "modified".

Probably stolen and probably has a life on it.

[????? ????]

Despite common wisdom, finders keepers is not the law in California. Penal Code section 485 states:

One who finds lost property under circumstances which give him knowledge of or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him, is guilty of theft.

People who have been prosecuted and convicted of violating Penal Code section 485. Law enforcement have been known to leave wallets in malls and watch them, and if the finders don't turn it into police or mall management, arrest the finders.

As for taking ownership of abandoned property, there is a procedure for it. It's found in Civil Code section 2080 et seq.

I don't know how any of the above interacts with California's gun laws.

[RickD427]

Your friend did the right thing. He was required by law to turn the found firearm over to the police (refer to Civil Code section 2080.1).

I would plan on the weapon being held as evidence during the course of the police investigation and any prosecution.

If the weapon can be traced to its lawful owner, and the owner is able to lawfully accept delivery of it, then plan on it being returned.

If the weapon is not returned to its owner, the law does provide for it to be returned to the finder (refer to Civil Code section 2080.3). Stand by for some administrative challenges in claiming a firearm under this statute. My former agency had no policy provisions to accomplish such a release. However, the lack of an administrative capacity doesn't change the law.

Postscript - Once again, I'm beat to the punch by someone typing faster than I can..................

[CSACANNONEER]

Depending on make and age of gun" SIG" in this case I think it's registered if it's a Cali gun, not many guns get the #'s filed anymore.

Why do you think it's registered? Do you have some intimate knowledge of the gun in question? I have plenty of legally owned unregistered handguns in CA.

[toby]

Why do you think it's registered? Do you have some intimate knowledge of the gun in question? I have plenty of legally owned unregistered handguns in CA.

you win!

[epwegmann]

Eh it could be a cool story either way: the possible original owner may get their firearm back after god knows how many years, or your friend could very well end up with a free gun!

Or it could possibly be one that an officer dropped in pursuit. Short of being stolen, Sig seems a bit too high end for a crook...

[RickD427]

Eh it could be a cool story either way: the possible original owner may get their firearm back after god knows how many years, or your friend could very well end up with a free gun!

Or it could possibly be one that an officer dropped in pursuit. Short of being stolen, Sig seems a bit too high end for a crook...

Some crooks will steal the best. They can afford it. It's not their money.

I've recovered a couple of Pythons and top drawer 1911's from crooks, along with one HK94.

[vintagearms]

Not necessarily. There is no national registry and even in CA many guns from before the registry are not registered.

Not to mention that we don't know whether the SN has been filed off.

Sig will have each serial number in their database and have record of which wholesaler/distributer that SIG sent it to. In turn, the wholesaler/distributer will have record of what FFL is was shipped to for sale. They will lookup the DROS and find the last registered owner.

The only unregistered guns out there are those that are stolen or were done by way of handshake/money transfer.

[IVC]

Sig will have each serial number in their database and have record of which wholesaler/distributer that SIG sent it to. In turn, the wholesaler/distributer will have record of what FFL is was shipped to for sale. They will lookup the DROS and find the last registered owner.

The only unregistered guns out there are those that are stolen or were done by way of handshake/money transfer.

DROS is only in CA.

As for "The only unregistered guns out there are those that are stolen or were done by way of handshake/money transfer," that's why the push for "universal background checks" is actually a push for "universal registration" - it's not about "preventing felons and mentally ill from obtaining guns," but about "providing full trace of each gun (and making it convenient to enforce any AWB/roster/feature based ban)."

Also, see the post above by CSACANNONEER. I seriously doubt he stole any of his, or did a back-of-the-truck *illegal* cash transaction. Then, I don't know him personally, so anything is possible.

[Peter.Steele]

With any luck it'll be my Sig, that was stolen a few years back, and I'll get a call on it soon.

[edgerly779]

The ncic will determine where it ended up on a 4473 after shipping from mfg to ditributor to gun shop or ffl . The last person that is on latest 4473 will be owner of record.